[HISTORY: Adopted by the Mayor and Council
of the Borough of River Edge 9-21-1999 by Ord. No. 1263. Amendments
noted where applicable.]
[Amended 5-15-2006 by Ord. No. 1537]
In addition to the application fees called for
in the Code of the Borough of River Edge, an applicant shall be responsible
to reimburse the municipality or a municipal agency or approving authority
for all expenses and fees incurred by the municipality or municipal
agency or approving authority for the services of professional personnel
required to process an application for development, including review
of applications for development, review and preparation of documents,
inspection of improvements or other purposes under the provisions
of N.J.S.A. 40:55-D-1 et seq. The municipality shall be entitled to
be reimbursed for the review of applications both as to completeness
and as to content; for the review and preparation of documents such
as but not limited to drafting resolutions, developer's agreements
and necessary correspondence with applicants or applicants' professionals.
If an applicant shall request a special meeting of the Planning Board
or Zoning Board of Adjustment to hear any part of the applicant’s
application, the applicant shall be responsible for all professional
services of professional personnel and for expenses and fees incurred
by the Borough for any recording secretary or stenographer appearing
at any special meeting.
No plots or site plans shall be signed or approved
nor shall any zoning permits, building permits, certificates of occupancy,
resolutions of approval or other types of permits be issued with respect
to any application until an applicant has deposited with the Chief
Financial Officer an amount which the applicant and the municipality
or the municipal agency or approving authority agree is sufficient
to satisfy the estimated expenses and fees incurred by the municipality
or the municipal agency or approving authority to pay professional
personnel for professional services. No bill for professional services
shall be paid from said deposit unless approved by the municipality
or municipal agency or approving authority. If the amount deposited
by an applicant exceeds the actual cost of professional services,
as approved by the municipality or municipal agency or approving authority,
the applicant shall be entitled to a return of the excess, together
with such interest as allowed pursuant to N.J.S.A. 40:55D-53.1. If
the actual cost of professional services exceeds the amount deposited,
the applicant shall immediately pay such additional amount as is required
to pay all actual costs of professional services.
The term "professional personnel" or "professional
services" as used herein shall include the services of a duly licensed
engineer, surveyor, planner, attorney, realtor, appraiser, architects,
landscape architects, noise engineers and traffic engineers or other
expert who would provide professional services to ensure an application
meets performance standards set forth in the ordinance and other experts
whose testimony is in an area in which the applicant has presented
expert testimony. No applicant shall be charged for any municipal
clerical or administrative functions, overhead expenses, meeting room
charges or any of the municipal costs and expenses, except as provided
for specifically by statute, nor shall a municipal professional add
any such charge to his bill.
Any application for development, as defined
by this chapter, or any other ordinance by the Borough of River Edge
or any law of the State of New Jersey, shall be deemed "incomplete"
if adequate escrows are not placed on deposit with the municipality
in accordance with the provisions of this chapter. The escrows as
required by this chapter shall be replenished by the applicant upon
reasonable notice of the municipality for any additional escrows and
the applicant's obligation to maintain adequate escrows shall continue
throughout the course of an application for a development through
the point of occupancy of that development or portion thereof contained
within that application.
Professional personnel submitting charges to the municipality or municipal agency or approving authority for any of the services referred to in § 201-1 of this chapter shall not charge for any of the services contemplated by that section at any higher rate or in any different manner than would normally be charged in the municipality or by the municipal agency or approving authority for similar work as ascertained by the professional's contract of employment with the municipality or by resolution or by provisions of this chapter. Payment of any bill rendered by a professional to the municipality with respect to any service for which the professional is entitled reimbursement under this chapter shall in no way be contingent upon receipt of reimbursement from an applicant. The professional is responsible to alert the municipality of potential deficits occurring with a particular escrow account so that the municipality may have adequate time to collect the potential shortage in the account.
Deposits received pursuant to § 201-1 of this chapter shall be deposited in a fund or depository approved for such deposits by the state in an account bearing interest at the maximum rate currently paid by the institution or depository on time or saving deposits. All deposits received pursuant to this chapter shall be held and administered in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and in particular, N.J.S.A. 40:55D-53.2, including all rights of appeal and the appeal procedures that is provided under N.J.S.A. 40:55D-53.4 within that statute. The municipality shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of the entire amount which shall be in lieu of all other administrative and custodial expenses.
[Amended 2-21-2005 by Ord. No. 1487]
C.
Minor subdivision: for development of three or less
lots as defined by the Borough Ordinance:[1]:
F.
Redevelopment application: Any application for major
site plan approval or minor site plan approval or major subdivision
approval or minor subdivision approval on any lot located in an area
designated by the governing body as an area in need of redevelopment
shall require an escrow deposit of $50,000 for professional services
connected therewith, including but not limited to legal services,
engineering services, planning services, services relative to affordable
housing regulations and compliance and other professional services
the Borough or any applicable board may deem necessary.[2]
[Added 5-15-2006 by Ord. No. 1537; amended 7-7-2008 by Ord. No. 1622]
[2]
Editor's Note: Former Subsections G, regarding
soil movement permits for fewer than 100 cubic yards of soil, and
H, regarding 100 or more cubic yards of soil, both added 4-7-2008
by Ord. No. 1609, which immediately follwed this subsection, were
repealed 7-7-2008 by Ord. No. 1621.
G.
Soil movement
application: $250.
[Added 8-3-2009 by Ord. No. 1662]
